No. 23-5789

Jean Max Darbouze v. Patrick Covello, Warden

Lower Court: Ninth Circuit
Docketed: 2023-10-16
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility
Key Terms:
HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the introduction of CSAAS testimony is unconstitutional junk science

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. During trial, it was elicited on cross-examination, that the victim told the , investigator she never had sexual contact with Petitioner, and that her mother had told her to lie. . These statements entitled the prosecution to introduce CSAAS testimony. Is’ the introduction of CSAAS testimony a legitimate avenue that is appropriate for the court-room or is it unconstitutional junk science as multiple courts have ruled? 2. During trial, the prosecution presented evidence of a jail recorded phone call. The prosecution also supplied a transcript of the translated conversation to the jury, as the translation was necessary because the conversation that was recorded, was not spoken in English. . > This translation was not verified by a legitimate court translator, and the translation was inaccurate, as it can be seen by the verified translation provided by Petitioner, after trial on Habeas Corpus. Is it unconstitutional to allow a translated transcript to be given to the jury that has not been verified by a legitimate court translator?

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2023)

Attorneys

Jean M. Darbouze
JeanMax Darbouze — Petitioner
JeanMax Darbouze — Petitioner